(Download) "Stormville Mountain Homes v. Charles S. Zurhorst Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: Stormville Mountain Homes v. Charles S. Zurhorst Et Al.
- Author : Supreme Court of New York
- Release Date : January 13, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
[35 A.D.2d 562 Page 562] So far as the papers before us indicate, the jury found the corporate defendant to be the owner of the premises in suit
and no finding was made as to plaintiff's title. The corporate defendant did not enter judgment in its own favor and did not
oppose the entry of judgment by plaintiff, which without authority inserted in the judgment a provision adjudging that it
had title to certain land, which, appellant asserts, the jury had already found was owned by the corporate defendant. In these
circumstances the proper remedy is by motion to correct the judgment and not by appeal (cf. Leonard v Columbia Steam Nav.
Co., 84 N. Y. 48, 55-56; CPLR 5015, subd. [a], par. 3; Herpe v Herpe, 225 N. Y. 323, 327; Matter of Holden, 271 N. Y. 212,
218; Ladd v Stevenson, 112 N. Y. 325, 332). In the interests of justice the motion [35 A.D.2d 562 Page 563]
 "Stormville Mountain Homes v. Charles S. Zurhorst Et Al." by Supreme Court of New York # Book PDF Kindle ePub Free){kind=link}